Indiana Harbor Belt Railroad v. Jones

Willie Jones, eight years and eight months old, was killed by the falling of a heavy door while playing in an empty freight car standing on appellant’s switch track. His mother recovered verdict and judgment in an action for wrongful death and in this appeal two questions are presented, the sufficiency of the complaint to withstand demurrer for want of facts and the sufficiency of the evidence to sustain the verdict. The complaint was in two paragraphs. The first, proceeding on the theory of attractive nuisance, went out on demurrer leaving only the second paragraph upon which the cause was…